Image:02caddyshack vi.jpg

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02caddyshack_vi.jpg‎ (195 × 262 pixels, file size: 43 KB, MIME type: image/jpeg)

source: http://sports.espn.go.com/golf/news/story?id=1784074

Douglas Kenney in the mid-70s, appears in Kenney biography A Futile and Stupid Gesture, it is credited to Pedar Ness © (although no copyright status is mentioned)

This work is copyrighted and unlicensed. It does not fall into one of the blanket acceptable non-free content categories listed at Wikipedia:Non-free content#Images or Wikipedia:Non-free content#Audio clips. However, it is believed that the use of this work in the article "Douglas Kenney" : To illustrate the subject in question Where no free equivalent is available or could be created that would adequately give the same information On the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation ([1]), qualifies as fair use under United States copyright law. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content and Wikipedia:Copyrights. To the uploader: this tag is not a sufficient claim of fair use. You must also include the source of the work, all available copyright information, and a detailed non-free use rationale.

[edit] Fair Use Rationale

1. It is a historically significant photo necessary to illustrate a famous person
2. The photo is only used to represent what the subject looked like
3. This is used for encyclopedic purposes, no profit is gained from it's use
4. There is no free alternative

User:Quadell asserts that the limited use of this copyrighted image in Wikipedia articles directly pertaining to it is a fair use of the image, for the following reasons:

• It depicts a deceased person. Therefore no new images of the subject can be created.
• No free-license alternatives are available that convey the same information.
• The image is no larger, and of no higher quality, than required for its use in articles.
• It is used in Wikipedia only for educational purposes and is not used for profit.
• Its use on Wikipedia does not compete with the copyright holder.
• Its use on Wikipedia is not expected to decrease the value of the copyright to its holder.

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